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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Calcutta High Court has underscored the fundamental principle of fair hearing in legal proceedings. The Court, led by Justice Shampa Dutt (Paul), allowed Criminal Revision (CRR 2496 of 2022) filed by Sujay Kutty against the State of West Bengal, setting aside the orders of the lower courts which were passed without proper consideration of the merits of the case.
Brief on Legal Point: The Court emphasized the paramountcy of the petitioner’s right to a fair hearing, stating that dismissal of the petitioner’s revision solely based on the High Court’s earlier order (wherein the petitioner was not a party) amounted to a violation of the fundamental principles of hearing and natural justice.
Facts and Issues: Sujay Kutty was implicated under Sections 354A(1)(iv)/34 IPC, following allegations by an actress. The Chief Judicial Magistrate, Alipore, had taken cognizance and issued process against Kutty without proper application of judicial mind, leading to Kutty filing a revision petition. The Sessions Judge, Alipore, dismissed this petition, relying on a High Court order in a related but separate case where Kutty was not a party. This dismissal forms the crux of the legal challenge in the present case.
Violation of Fair Hearing: The Court noted, “The petitioner has suffered an abuse of the process of the Court/law as the Learned Sessions Judge without considering the petitioner’s case on merit dismissed his application only on the basis of the High Court’s order”.
Inadvertence in High Court’s Earlier Order: The High Court acknowledged that the phrase “all the accused” in its earlier order was inadvertently used, causing prejudicial impact on the petitioner.
Restoration of Petition: The High Court directed that Criminal Motion No. 222 of 2016 be restored and heard afresh by the Sessions Judge, Alipore, ensuring a fair and proper hearing for both sides.
Decision: The Calcutta High Court set aside the order of the Sessions Judge, thereby restoring the matter for proper hearing and disposal in accordance with the law. It directed the Sessions Court to act as per the given instructions within two months.
Date of Decision: 10 April 2024.
Sujay Kutty Vs. The State of West Bengal & Anr.
